RAJESH Vs. NARESH KUMARI

JUDGEMENT

(1.) The applicant has filed the present application under Sec. 378(4) of the Code of Criminal Procedure with a prayer to grant special leave to appeal against the impugned judgment dtd. 29/5/2019 passed by the Court of Judicial Magistrate 1st Class, Bhiwani, whereby the respondent has been acquitted of the charge under Sec. 500 IPC.

(2.) The applicant had filed the present complaint against the respondent/accused by stating that the applicant was working as a Guest Teacher in a Government School. She was suffering from uterus prolapse and was admitted in Gulia Nursing Maternity and Surgical Clinic, Bhiwani on 14/6/2012 and after a surgery, she was discharged from the hospital on 19/6/2012. The respondent moved a complaint dtd. 15/11/2012 and on the basis of the said application, FIR No.262 dtd. 15/11/2012 under Ss. 498-A/406/506 IPC was registered against the applicant and others. The matter was also published in Bhiwani Edition of various newspapers, i.e., Jagran City, Dainik Bhaskar and Aaj Samaj. Due to the false allegations levelled by the respondent in her application dtd. 15/11/2012 and due to publication of defamatory matters in the newspapers, the reputation of complainant had been lowered down in the estimation of right minded members of the society. It was further averred that after investigation by the police, the version of the accused/respondent in the complaint dtd. 15/11/2012 was found to be false and a cancellation report was filed by DSP, Bhiwani. In fact, a major surgery was performed on the applicant in the hospital at Bhiwani and the allegations were totally false. Due to this, her reputation had been tarnished in the society.

(3.) After recording of preliminary evidence, the respondent was ordered to be summoned under Sec. 500 IPC. In the pre-charge, evidence, the applicant appeared as a witness and had exhibited the following documents:-